This Privacy Policy describes the way that Devialet S.A. and its subsidiaries (”Devialet”, “we” or “us”) collect, use, store and disclose the information obtained from the users (“the users”, “your” or “you”) of the website devialet.com, of our related apps and when our users interact with us through our services via email, phone, our people in stores and stands (together, the “Website”).
We pay great attention to your personal data and handle it with care. Please read this Privacy Policy carefully to understand our practices regarding your information and how we will treat it. By using or submitting information to our Website, you are acknowledging and agreeing to this Privacy Policy. If you do not agree with this Privacy Policy, please do not use the Website, nor submit any information, however you are informed that you will not be able to benefit from the services or to purchase products from us. This Privacy Policy may change from time to time (see “Modifications to this Privacy Policy” below). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.

II. What is collected information?

We may gather your personal information or non-personal information (“Collected Information”) either directly or indirectly. Such information may include your name, e-mail address, postal address, any details necessary for the shipping and delivery of our products or for any assistance you may need, phone number, your order data, your product data, unique ID number customer account and in some cases, your IP address (Internet Protocol), your payment details, etc.

III. Purposes and Legal basis of the processing of the Collected Information

We only collect and process the Collected Information where we have a legal ground to do so, i.e. if at least one of the following applies:
− you have given your consent to the processing of the Collected Information, for one or several purposes;
− processing of the Collected Information is necessary for the performance of our contractual obligations towards you;
− processing of the Collected Information is necessary to comply with our legal obligations;
− processing of the Collected Information is necessary in order to protect your safety, of any of your vital interests or the ones of another physical person;
− processing the Collected Information is necessary for the purposes of our legitimate interests or the ones of our partners, except where such interests are overridden by your interests or fundamental rights and freedoms.
We determine the legal grounds based on the purposes for which we have collected and used your personal data.

Manage orders and after-sale services The Collected Information will help us to fulfill your purchase, to perform loan or purchase transactions, to facilitate delivery, to comply with our warranty obligations, to provide after-sales services and to handle your enquiries and requests.

Necessary for the execution and the performance of the contract

Communication and customer contact The Collected Information allows us to identify products and services we think you might be interested in based on your information, such as your purchase history and your previous interactions with us. We may also use the Collected Information to provide you with commercial offers, to conduct marketing communications (including e-mails and social media audience matching) relating to us and other third-party partners and that we think may be of interest to you where we have a legitimate basis to do so.

You have given your consent to the processing of the Collected Information, for one or several purposes

Answering your queries Gathering the Collected Information allows us to remain in contact with you. As such, we can answer any of your queries and requests.

Necessary for the execution and the performance of the contract

Propose upgrades We can provide you with software updates and upgrades, make setups of your present and future products, in order to facilitate the use of your multiple and/or paired devices, and to personalize your sound profile.

Necessary for the execution and the performance of the contract

Customize the user experience We can use the Collected Information to clearly grasp how you make use of the services and resources provided on our Website. This can enable us to optimize the Website’s layout to make the user experience as intuitive and straightforward as possible and to improve our products and our services.

You have given your consent to the processing of the Collected Information, for one or several purposes

Protect your interests We can use the Collected Information to protect your interests or the ones or of another natural person, especially to ensure that our Products are safe and secure and used in line with our terms of use.

Protect your safety, of any of your vital interests or the ones of another physical person.

Resolution of complaints and disputes We may use the Collected Information to resolve disputes, address complaints, and troubleshoot technical problems. We may also use it to protect our rights or property, or the rights or property of others, carry out our obligations, and comply with applicable laws and regulations.

Our legitimate interest to protect our rights and obligations and the rights and obligations of others.

Record and listen to a phone conversation with our customer service

Improve the services proposed The Collected Information relative to phone conversations enables us to improve the quality of our services and to resolve complaints.

Necessary for the execution and the performance of the contract; Our legitimate interest to handle and resolve complaints.

Collect your payment details, such as debit card (without any upheld or retention)

Management of orders and after sales services We may use your payment details to facilitate the process of the purchase of any of our Products or services you wish to acquire.

Necessary for the execution and the performance of the contract.

Ensuring safety and fighting against fraud The Collected Information will enable us to perform credit checking, prevention of fraud and other prohibited or illegal activities as part of our efforts to keep our Website and services secure.

Ensuring safety and fighting against robbery When you visit us at our points of sale, stands and events, we may film you through the use of surveillance cameras for security purposes.

Our legitimate interest to ensure security and avoid thefts.

IV. How we collect information

We gather Collected Information in a variety of ways including but not limited to when a user creates an account on our Website, issues a purchase, fills a form, takes part in a game or a promotion online, participates in various activities on social networks, and when he or she uses a service, resource, or an activity proposed on our Website.
Personal data that we receive about you from our partners: we may also gather some of the Collected Information, i.e. name, address; delivery details, telephone number, date of birth, etc.: indirectly, through our partners, for the same purposes as mentioned above.

V. Cookies

Our Website can make use of Cookies or similar technology such as Pixels and Tags (the “Cookies”). A Cookie is a small file that can be placed on your device that allows us to recognize and remember you. We may use Cookies to improve the user experience and make sure that the Website functions properly. For more details on what we do with Cookies and if you wish not to allow the use of Cookies, please report to our Cookie Policy.

VI. Social Networks

If you choose to participate in activities we propose on a variety of social networks, such as Twitter, Facebook or Instagram, it is your strict responsibility to review the security and privacy policies of such social networks along with their specific conditions of use.

VII. How do we protect the Collected Information?

We have implemented appropriate technical and organizational controls to protect the Collected Information against unauthorized processing and against accidental loss, damage or destruction.

VIII. Sharing the Collected Information with Third Parties

We may disclose the Collected Information to third parties, to the extent required by law or by a decision rendered by a judicial/administrative authority.
In addition, we may disclose Collected Information to third parties, such as:
− our authorized dealers, third-party vendors and service providers acting on our behalf, including billing, sales, marketing, IT support, advertising, analytics, research, customer service, product service support, shipping and purchase order fulfillment, data storage, logistics validation, security, fraud prevention, payment processing, and legal services;
− partners hosting events to which you may wish to participate;
− music streaming services providers, if it is required to enable delivery of the music content;
− other third parties subject to your consent.
Such third-parties have access to the Collected Information in order to perform the related services but are prohibited from using it for other purposes;
Collected Information is generally stored and processed within the European Economic Area (EEA). All transfers are made in compliance with the General Data Protection Regulation (GDPR). In some situations, we need to transfer the Collected Information outside of the EEA, such transfers are made with the appropriate safeguards, notably contractual, in accordance with the regulations applicable to personal data protection.
If we disclose your Collected Information to a third party, we take all reasonable actions to ensure that such third party complies with applicable confidentiality and privacy obligations, and namely that the Collected Information is only processed in accordance with our instructions, applicable law and regulations and for the purpose specified by us and to ensure adequate security measures.
The transfer of Collected Information to the Devialet entities located outside of the EU are covered by a data transfer agreement. The transfer of Collected Information to other entities outside of the EEA, such as in the United States, are covered by the Privacy Shield or by data transfer provisions.
In situations where we transfer the Collected Information to third party partners, it can be for different purposes, such as: to complete an order and issue an invoice, to deliver products and services, to ensure a high level of service regarding our products and services, to enhance our products and perform software upgrades, if any, to increase the quality of our customer experience, to obtain third party help for the Website, our mobile applications and our IT system, to perform surveys, research, advertising, marketing, and analytics, to ensure data storage, to obtain legal services, and other operations in our name.
We may also share the Collected Information to comply with laws and/or respond to lawful requests and legal process, to protect our rights and property, and those of our agents, customers, and others (which may include enforcing our agreements, policies, and terms of use); or in an emergency (including protecting the safety of our employees and agents, our community of users, or any person).
Unless clearly outlined in the section above, or in such circumstances where you have given your consent, we will not share your Collected Information to third parties.
We do not sell or disclose the Collected Information to third parties for their direct marketing purposes.

IX. Retention of Collected Information

We do not retain the Collected Information for longer than necessary needed.
For clients, in consideration of the life expectancy of our products, their technical nature, and the need to properly maintain and upgrade the implemented software, we hold the Collected Information for a period of up to ten (10) years from the date of purchase.
The only exceptions to the abovementioned period are where:
− you consented with receiving personal benefits or customized direct marketing;
− the law requires us to hold your Collected Information for a longer period, or delete it sooner;
− where you have raised a legal claim, complaint or concern regarding a product or service offered by us, in which case we will retain your Collected Information for the entire duration of the claim, complaint or query.
For prospects and simple users of our Website, the Collected Information in relation to your request for registration to our newsletters, events, demo of products, offers will be retained for a period of three (3) years as of their collection or your last contact with us, unless during that period we form a relationship with you e.g. you purchase or loan one of our products. We hold your Collected Information for this period to give us an opportunity to form a relationship with you. After such period, we may recontact you in order to know whether you wish to continue to receive our communications.
The Collected Information we gather through Cookies will be retained for a period of twelve (12) months as of their collection or your last contact with us, unless during that period we form a relationship with you e.g. you purchase or loan one of our products or you have been active in opening our marketing communication or otherwise showing interest in our Products.

You have right to access the Collected Information, and in some instances, request the portability of the Collected Information, meaning to receive them in a structured and commonly machine-readable format, and have the right to transmit such Collected Information to any third party of your choice. The Collected Information processed by us can be transmitted upon request at privacy@devialet.com (“Contacting us”).
You also have the right to rectify the Collected Information, in this respect, we encourage you to update the data you have provided to us any time there are changes in your Collected Information by logging in to your account on our Website or by Contacting us. In order to ensure that the Collected Information is up-to-date, we recommend that you check your Collected Information at least once a year, and if needed update it. You may also contact us to review, update or delete the Collected Information.
You can request us to delete your Collected Information by Contacting us, but we may decide to keep and process such information regardless of your consent, to the extent permitted or required under applicable laws and regulation.
If we do not decide to keep and process your Collected Information for any of the reasons abovementioned, the Collected Information will be deleted within a maximum period of one (1) month following your request.
Please note that prior to accessing and making changes to your account, we will need to verify your identity properly.

XI. Right to restriction of processing and right to object to processing

In such event where you do not want to delete your Collected Information, you may still request to have such Collected Information restricted from being processed, in the conditions of article 18 of the GDPR. Nonetheless, we keep the right to store the Collected Information for the establishment, exercise or defence of legal claims.
In accordance with the applicable rules, you may at any time, on grounds relating to your particular situation, object to the processing of the Collected Information by us when such processing is based on our legitimate interests.
Furthermore, you have the right to object to processing of your Collected Information for direct marketing purposes.
You can do so by unsubscribing from our marketing information by clicking on the unsubscribe link in the bottom of marketing communication from us or by accessing your profile on the Website.

XII. Right to withdraw your consent

Some of our processing activities may be based on your consent. You have the right to withdraw your consent at any time. You can do so using the simple detailed protocol located at the bottom of each e-mail we send. You can also contact us by e-mail at privacy@devialet.com
Withdrawal of your consent will not affect the lawfulness of processing based on your given consent before withdrawal.
Upon the withdrawal of your consent, we and third parties involved will cease to process your Collected Information within one (1) month as of your withdrawal, unless and to the extent the continued processing or storage is permitted or required according to applicable laws and regulations. Please note that the withdrawal of your consent may result in us not being able to meet your requests or provide you with our services.

XIII. Right to communicate instructions on your Collected Information

You may provide us instructions as to the fate of your personal data in case of death.

XIV. Contact - Right to complain

If you wish to exercise your rights as described above, or if you have a privacy related matter please contact Devialet S.A. by sending your request to Devialet S.A., 6 rue Ménars, 75002 Paris, France or by sending an e-mail to privacy@devialet.com
We will do our best to respond to requests as quickly as possible and at latest, within one (1) month from the date of receipt of the request. In case a response from us would require more time, then we will inform you of the relevant reason and the estimated timeline.
If you consider that the handling or outcome of your request is not satisfactory, you may contact the competent supervisory authority.

XV. Children Under the Age of 13

Our Website is not intended for, and we do not knowingly collect Collected Information from, children under 13 years of age. If we are notified that we have collected or received Collected Information from a child under 13, we will delete that information.

XVI. Do Not Track

Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to Do Not Track browser settings or signals.

XVII. Modifications to this Privacy Policy

We are entitled at our sole discretion to update our Privacy Policy at any time. Following the update, the date at the bottom of our Privacy Policy will change, and the updated Privacy Policy will be posted on our Website. You will be notified of these changes and the continued use of the Website will be deemed acceptance of the updated policy.

XVIII. Responsible for processing

Devialet S.A. 10 Place Vendôme, 75001 Paris, France is the data controller and is responsible for the processing of your Collected Information.

XIX. Contact us

If you have any questions regarding this Privacy Policy, the practices of our Website, or your interactions with our Website, feel free to contact us at:
Devialet
Customer Service
6 Rue Ménars
75002 Paris
privacy@devialet.com
You can always contact us by phone at the relevant Devialet Support number for your country.